Environmental Rights
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
In 1972, Principle 1 of the Stockholm Declaration established a foundation for linking human rights and environmental protection, declaring that man has a "fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations." The environmental dimensions of human rights are of growing concern, following the idea that human rights, and especially the right to life, are threatened by a degraded or polluted environment. The UN Commission on Human Rights has only recently begun to address the links between the environment and human rights, by concluding that everyone has the right to live in a world free from toxic pollution and environmental degradation (27 April 2001).
     
Specific Instruments
Permanent Sovereignty over Natural Resources
Date of adoption: 1962 Entry into force: -
System of protection: Universal
Declaration of the United Nations Conference on the Human Environment (Stockholm Declaration)
Date of adoption: 16/6/1972 Entry into force: -
System of protection: Universal
Draft Declaration of Principles on Human Rights and the Environment
Date of adoption: 16/5/1994 Entry into force: -
System of protection: Universal
     
General Instruments
The Cairo Declaration on Human Rights in Islam
Date of adoption: 5/8/1990 Entry into force: -
System of protection: Organization of the Islamic Conference
Vienna Declaration and Programme of Action
Date of adoption: 25/6/1993 Entry into force: -
System of protection: Universal
American Convention on Human Rights (Pact of San Jose, Costa Rica)
Date of adoption: 22/11/1969 Entry into force: 18/7/1978
System of protection: Organization of American States
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
African Charter on Human and Peoples' Rights (Banjul Charter)
Date of adoption: 27/6/1981 Entry into force: 21/10/1986
System of protection: Organization of African Unity
     
Articles
La "construction" par le juge européen du droit au respect de la vie familiale
Frédéric SUDRE
Latest update: 28/05/2003 First published: 2002
Reference: Le droit au respect de la vie familiale au sens de la CEDH, Bruylant, 2002, pp. 11-59
In their concern of effectiveness and development of the rights guaranteed by the ECHR, the european judges have largely extended the concept of family life (art. 8 ECHR), maybe "sacrificing rigour for efficiency".
Le choix du concept de développement durable plutôt que celui du patrimoine commun de l'humanité afin d'assurer la protection de l'atmosphère
Pierre-François MERCURE
Latest update: 27/11/2002 First published: 1996
Reference: (1996) 41 R.D. McGill 595
From the outset, negotiations concerning climate changes and ozone depletion issues were marked by confrontations between developed and developing countries regarding the equitable management of the atmosphere's resources.
Human Rights and Environment Issues in Multilateral Treaties Adopted between 1991 and 2001
Dinah SHELTON
Latest update: 15/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 1
Relevant provisions in multilateral treaties adopted since preparations for the Rio Conference began in 1991. Global and regional environmental treaties - Global and regional human rights treaties – Other legal instruments...
Review of jurisprudence on human rights and the environment in Latin America
Eva ARNAL - Adriana FABRA
Latest update: 15/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 6
This article provides a review of some of the most important developments in environmental protection from a human rights approach in the domestic courts of Latin American countries since the early 1990s.
Information, Participation and Access to Justice: the Model of the Aarhus Convention
Jonas EBBESSON
Latest update: 15/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 5
Background of the Aarhus Convention - Involving the public - Access to environmental information - Public participation - Access to justice - International compliance control - Future developments.
Human Rights and the Environment: the national experience in South Asia and Africa
Jona RAZZAQUE
Latest update: 15/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 4
The development of human rights and the environment in India, Bangladesh and Pakistan during the last 10 years. - The main constitutional provisions - Substantive and procedural rights - Case law...
Human Rights and the Environment: Jurisprudence of Human Rights Bodies
Dinah SHELTON
Latest update: 04/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 2
This paper summarizes the decisions, recommendations and comments of global and regional human rights bodies on issues of environmental protection and human rights, covering the period from 1991 to 2001.
The Intersection of Human Rights and Environmental Issues: A review of institutional developments at the international level
Adriana FABRA
Latest update: 04/11/2002 First published: 1/2002
Reference: Joint UNEP-OHCHR Expert Seminar on Human Rights and the Environment, Background Paper No. 3
The objective of this paper is to present a review of institutional developments and trends at the international level over the last decade which illustrate the intersection of human rights and environmental issues.
     
Languages: English
A web directory of international instruments and actors on environment and development issues.
Languages: English Spanish
Mainly a site on the organization, but the "What's New" section provides a selection of interesting documents on human rights and the environment, and their many links may be useful. CEDHA's own reports and papers are also on line.
Languages: French
Personal website on the ecology - Only in French
Languages: English
Mainly a presentation of Sierra Club's activities and campaigns that link HR with the environment (often together with Amnesty International). The site also offers press releases, reports and fact-sheets, and resources (links and bibliography).
Languages: English
Press Releases, publications and links about human rights and the environment.
     
Selected Case Law
Hatton and others v. United Kingdom
Date: 8/7/2003
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 8 July 2003, no. 36022/97
International airport - night flights - private and family life - authorities have stroken a fair balance between individual rights and country's economic interests - No violation of Art. 8 ECHR - Absence of national remedy - violation of Art 13 ECHR
Guerra and others v. Italy
Date: 19/2/1998
Decision-making body: European Court of Human Rights
Legal reference: ECHR, 19 February 1998, Recueil 1998-I. n° 116/1996/735/932.
Severe environmental pollution (chemical factory) - Interference in private and family life - Positive obligation of the State to provide citizens with all relevant information to allow them to assess the risks - Violation - Art. 10 not applicable.
Vaihere Bordes and John Temeharo v. France
Date: 30/7/1996
Decision-making body: Human Rights Committee
Legal reference: Communication No 645/1995 : France. 30/07/96. CCPR/C/57/D/645/1995
French nuclear testing - Communication based on Articles 6 (right to life) and 17 (private life) - Inadmissible.
E. H. P. v. Canada
Date: 27/10/1982
Decision-making body: Human Rights Committee
Legal reference: CCPR/C/17/D/67/1980
Nuclear stockpiles close to housing - Communication claimed a violation of the right to life based on environmental impact - Inadmissible based on failure to exhaust domestic remedies.
     
Case Law Websites
Council of Europe - Human Rights Web
Languages: English French
Search the case-law of the European Convention on Human Rights control bodies.
     
Reports
Human Rights and the Environment
HCNUDH / OHCHR Date: 1/2002
Reference: Special Issue Papers, HR//PUB/02/2
Source: Office of the United Nations High Commissioner for Human Rights
Conclusions of a meeting of experts in January 2002, Office of the United Nations High Commissioner for Human Rights -UNEP (United Nations Environment Programme).
For the Record 2001: The European Human Rights System
Human Rights Internet & Netherlands Institute of Human Rights / Internet des droits humains et l' Institut néerlandais des droits de l'homme Date: 2001
Reference: -
Source: Human Rights Internet & Netherlands Institute of Human Rights
A review of the major human rights developments in the European human rights system (within the Council of Europe). Organized thematically and by country. Focuses on developments in the scope of: European Convention on Human Rights; European Social Charter; European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and its protocols; Framework Convention for the Protection of National Minorities; and the European Commission against Racism and Intolerance. A major distinguishing feature of FTR Europe is that it contains summaries of human rights case law.
     
Books
Human Rights and the Environment / Droits de l'homme et environnement
Maguelonne DéJEANT-PONS - Marc PALLEMAERTS
Reference: Strasbourg, Council of Europe Publishing / Conseil de l'Europe, 2002
Languages: English French
This book is the first to publish a full collection of the international and European texts establishing the right to a decent environment as a fundamental human right.
Human Rights Approaches to Environmental Protection
Alan Boyle, Michael Anderson Ed.
Reference: Oxford, Clarendon Press, 1996
Languages:
Current legal status of environmental rights in human rights treaties and in the European Union - Accountability of international institutions – NGOs - Jurisprudential perspective - Application of environmental rights in domestic law.
Human Rights and the European Community - The Substantive Law
CASSESE A; CLAPHAM A; WEILER J Ed.
Reference: Baden Baden, European Union -The Human Rights Challenge Vol III, Nomos, 1991
Languages: English French
Part III of a reserch project undertaken by international scholars and commanded by the EC. This part contains reports on such issues as environmental rights, consumer rights, womens rights, freedom of information and educational and cultural rights.
Les Hommes et l'Environnement / Mankind and the Environment
Michel Prieur et Claude Lambrech Ed.
Reference: Paris, Editions Frison-Roche, 1998
Languages: English French
For Alexander Kiss, respect for human rights and environment are fundamental values for present and future generations. This volume brings together contributions from some of his many friends and followers throughout the world.
Peoples' Rights
Philip Alston Ed.
Reference: Oxford, Collected Courses of the Academy of European Law, Oxford University Press, 2001
Languages: English
"In this volume, a group of leading experts examines the current status of the various rights [the so-called 'third generation solidarity rights'] and reflects upon their likely significance in the twenty-first century".
     
Periodicals
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Human Rights Actors
Centro de Derechos Humanos y Medio Ambiente (CEDHA)
http://www.cedha.org.ar/ Type:NGO (Non-Governmental Organization)
The only non-governmental organization in Latin America uniquely dedicated to the defense and promotion of human rights and the environment, through the development and strengthening of the linkages between them.
EarthRights International (ERI)
http://www.earthrights.org/ Type:NGO (Non-Governmental Organization)
Nonprofit group of activists, organizers, and lawyers with expertise in human rights, the environment, and corporate and government accountability. Based in US and Thailand. Document abuses, Organize activists, litigate in the US, teach and advocate.
Enfance et développement à Madagascar (AMADEA)
http://www.amadea.org Type:NGO (Non-Governmental Organization)
NGO for the childhood, rural development and environmental protection in Madagascar.